Court : Delhi
Reported in : 101(2002)DLT267; 2003(1)SLJ171(Delhi)
..... be punishable as follows, that is to say,-- (a) if the offence is one which would be punishable under any law in force in india with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned, for the offence by the aforesaid law and such less punishment as is in this act mentioned ..... of the air force rules on the one hand and section 71 of the air force act dealing with civil offences and section 65 thereof dealing with violation of good order and discipline of the air force on the other hand are mutually exclusive.16. learned counsel for the respondent submitted that the words 'subject to the provisions ..... with the intention to outrage her modesty. the respondent was also charged under section 65 of the air force act, 1950, for having committed an act prejudicial to good order and discipline of the force. thereafter, as per the direction of the commanding officer summary of evidence was recorded. during the course of recording of summary of .....
Tag this Judgment!Court : Delhi
Reported in : 100(2002)DLT442; 2002(65)DRJ586
..... a public sector undertaking. it was interested in obtaining a grant for long time so as to facilitate storage of all petroleum products. for the purpose of transportation of petroleum product from the wagons to its storage tank, lands other than belonging to railway administration was not available. company dealing in petroleum products would not ..... places the terms of such grant beyond the reach of any restrictive provision contained in any enacted law or even the equitable principles of justice, equity and good conscience adumbrated by common law if such principles are inconsistent with such terms. the two provisions are so framed as to confer unfettered discretion on the government ..... of the premises were to be paid and borne by the licensor. he was also required to keep the plant and machinery at the said premises in good repair and was required to obtain necessary insurance policies for the business. a further clause to the effect that the licensee was permitted to carry on business .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)342; 86(2000)DLT246
..... on these consideration the government decided that the manufacture of arms and ammunition the production and control of atomic energy d the ownership and management of railway transport would be the exclusive monopoly of the central government. the establishment of a new undertakings in coal, iron and steel, aircraft manufacture, ship building, manufacture ..... principle demands that the financial costs of preventing or remedying damages caused by pollution should lie with the undertakings which cause the pollution, or produce the goods which cause the pollution. under the principle it is not the role of government to meet the costs involved in either prevention of such damage, or ..... introduce or retain a dangerous substance or to engage in a dangerous activity in its premises which substance and activity caused a fire that destroyed the goods of general jones. the evidence, the court held, established that the independent contractor's work was a dangerous activity in that it involved real and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2000)72ITD97(Delhi)
..... not formed or that the order was passed arbitrarily or on collateral grounds.14. the learned departmental representative relied upon the following case law :new prakash transport co. ltd. v. new suwarna transport co. ltd. airstate bank of india v. s. s. koshal these authorities were filed in order to show what is meant by a speaking order ..... justice' by paul jackson, 2nd edn. page 11). 20. we share the view expressed by professor jackson. fairness, in our opinion, is a fundamental principle of good administration. it is a rule to ensure the vast power in the modern state is not abused but properly exercised. the state power is used for proper and not ..... him for approval. we have already seen what is meant by 'approval'. the word 'approval' means to be satisfied with, to sanction officially, to ratify, to pronounce good, think or judge well of; admit the propriety or excellence of; be pleased with; distinguishable from 'authorize', meaning to permit a thing to be done in future. therefore .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2000)(116)ELT220TriDel
..... at adalaj gujarat under bond to bond transfer.similar enquiries conducted with supdt, central excise, adalaj revealed that the said four consignments of tin ingots transported from bombay to public bonded warehouse, gandhinagar were cleared to ocean going vessels and m.v. sea horse at porbandar. however, verification caused with ..... 17. we have considered the rival submissions. we note that after warehousing the goods in bombay, certain goods were further transported to gujarat under bond and were re-warehoused in gujarat. shipping bills were presented in gujarat and the goods were cleared from warehouses in gujarat, we therefore, hold that the commissioner ..... of customs (prev.), mumbai had no jurisdiction over these goods which were warehoused in gujarat .....
Tag this Judgment!Court : Delhi
Reported in : 84(2000)DLT718
..... coal at the time of placing orders and the commercial prudence of the decisions taken.(iii) administrative prudence of the decision to procure linkage coal through private transporters without going in for fresh tenders even after major modification of the scope of work.(iv) reconciliation of requirement of coal and actual procurement based on capacity ..... coal. in fact, in any management situation, often critical resources become scarce due to variety of reasons and it is a part of management function to make good such shortages. thus if the cci officials procured coal from khasi meghalaya sources, ordinarily they cannot be faulted. but the point at issue is the manner of ..... a tenant, regardless of his motives. this is unfettered discretion. but a public authority may do none of these things unless it acts reasonably and in good faith and upon lawful and relevant grounds of public interest.there are many cases in which a public authority has been held to have acted from improper motives .....
Tag this Judgment!Court : Delhi
Reported in : 1999IVAD(Delhi)645; 80(1999)DLT230
..... board v. desh bandhu ghosh : (1985)illj373sc , olga tellis v. bombay municipal corporation : air1986sc180 , union of india v. tulsiram k. patel : (1985)iillj206sc central inland water transport corporation ltd. v. brojo nath ganguly : (1986)iillj171sc , o.p. bhandari v. indian tourism development corporation ltd. (1986) 4 scc 377, n.c. dalwadi v. state ..... high curt may reflect an adverse element compulsorily communicable, but if the graded entry is of going a step down, like falling from `very good' to `good' that may not ordinarily be an adverse entry since both are a positive grading. all what is required by the authority recording confidentials in ..... improveexpressed?4. (for district and sessions judges and senior subordinate judges)is his supervision and the nadistribution of businessamong, and his control overthe subordinate courts good?5. is he an efficient judicialofficer?6. has he maintained judicialreputation for honesty andimpartiality?7. net result. i would like to talk to this .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIAD(Delhi)371; AIR1999Delhi210; 78(1999)DLT584; ILR1999Delhi93
..... or plant. it need not be confined to the factory itself. 48. for the purpose of petitioner's business, the pipeline is used by it for the purpose of transportation of gas from the bowls of the earth ultimately of haryana and u.p. applying the functional test, as applied in the aforementioned cases, at the most pipelines, which ..... liability act, 1880 and not under the income-tax act. this classic definition was consistently adopted in a number of latter decisions including house of lords. in jarrold v. john good & sons, (1963) 1 all er141, the court of appeal, relying upon the decision in yarmounth's case (supra), held the partitions as 'plant' on the basis that ..... sense, it includes whatever apparatus is used by a businessman for carrying on his business-not his stock in trade which he buys or makes for sale; but all goods and chattels, fixed or movable, live or dead, which he keeps for permanent employment in his business.'41. lord justice lindley in the aforementioned decision held that a .....
Tag this Judgment!Court : Delhi
Reported in : [2000]102CompCas203(Delhi); 74(1998)DLT715; ILR1999Delhi41
..... not limited to a particular country because in the present days, the trade is spread all over the world and the goods are transported from one country to another very rapidly and on extensive scale. the goodwill acquired by the manufacturer is not necessarily limited to the country ..... where the goods are freely available because the goods though not available are widely advertised in newspapers, periodicals, magazines and in other medias. the result is that though the goods are not available in the country, the goods ..... in lemon shaped plastic squeeze containers. it was the contention of the respondents that this was done by the appellants to pass off their goods as the goods of the respondent. the court of original jurisdiction granted the injunction sought by the respondents who were the plaintiffs before it. this decision was .....
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT732
..... got a powerful and attractive shape which would immediately attract the eye. the learned senior counsel submitted that people traveling by air, rail and other modes of transport would look at the shape of the box and then would make enquiries as to who had manufactured it and they would like to buy one. thereforee ..... are associated exclusively with the plaintiffs, that the purchasing public are likely to associate the defendant's impugned travel cases with the plaintiffs. the plaintiffs goods have had good visibility in india through print media and electronic media, i.e. through the samsonite website on the internet and through actual usage of the plaintiffs ..... thereforee likely to be aware of the plaintiffs products, and when they see the defendant's impugned travel case they will assume that the defendants goods are the goods of the plaintiffs, or that the defendants have some type of collaboration with the plaintiffs or that defendants have manufactured the impugned travel case under .....
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